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15-005190 Department Of Financial Servces, Division Of Workers&Apos; Compensation vs. Amengual Electric, Inc.
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, December 3, 2015.

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17. On December 3, 2015, the Department served Employer a 4th Amended Order of

15Penalty Assessment. The amended order assessed a total penalty of $4,386.03. Employer did not

30request a hearing to contest the 4th amended order.

398. The factual allegations contained in the Stop- Work Order and Order of Penalty

53Assessment and the 4th Amended Order of Penalty Assessment are adopted as the Department's

67findings of fact in this case.

73CONCLUSIONS OF LAW

769. Based upon the findings of fact adopted herein, the Department concludes

88Employer violated the specific statutes and rules as alleged in the Stop- Work Order and Order of

105Penalty Assessment, Amended Order of Penalty Assessment, 2nd Order of Penalty Assessment,

1173rd Order of Penalty Assessment, and the 4th Amended Order of Penalty Assessment.

130Accordingly:

131a. Employer shall immediately execute a payment agreement or pay the penalty

143of $4,386.03 in full to the Department for deposit into the Workers' Compensation

157Administration Trust Fund;

160b. Employer shall immediately cease all business operations in the state of

172Florida until such time as the Department issues an order releasing the Stop-Work Order and the

1884th Amended Order of Penalty Assessment. The Department shall not issue an order releasing

202the Stop-Work Order and the 4th Amended Order of Penalty Assessment until Employer has

216come into compliance with the coverage requirements of chapter 440, Florida Statutes, and has

230paid the total penalty of $4,386.03 to the Department.

240DONE AND ORDERED on this 1!: day , 20 '&

249E. Tanner Holloma , Director

253Division of Workers' Compensation

257NOTICE OF RIGHTS

260party to these proceedings adversely affected by this Final Order is entitled to seek

274review of this Final Order pursuant to section 120.68, Florida Statutes (20 15), and Florida Rule

290of Appellate Procedure 9.110. Review proceedings must be instituted by filing a Notice of

304Appeal with Julie Jones, DFS Agency Clerk, at Room 612 Larson Building, 200 East Gaines

319Street, Tallahassee, Florida, 32399-0333 and a copy of the same with the appropriate District

333Court of Appeal within 30 days of rendition of this Order.

344COPY FURNISHED TO:

347BERNARD AMENGUAL

3493851 NW 12TH TERRACE

353MIAMI, FL 33126

356CLARA MARTINEZ, ESQ.

3591410 SW 119TH COURT

363MIAMI, FL 33184

Dockets
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PDF
Date
Proceedings
PDF:
Date: 06/10/2016
Proceedings: Agency Final Order filed.
PDF:
Date: 01/08/2016
Proceedings: Agency Final Order
PDF:
Date: 12/03/2015
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 12/03/2015
Proceedings: Department's Agreed Motion to Relinquish Jurisdiction and Close File filed.
PDF:
Date: 11/06/2015
Proceedings: Respondent's First Request for Admissions to Petitioner Department of Financial Services, Division of Workers' Compensation filed.
PDF:
Date: 11/06/2015
Proceedings: Petitioner, Amengual Electric, Inc.'s First Request for Production of Documents and Interrogatories to the Department of Financial Services filed.
PDF:
Date: 11/06/2015
Proceedings: Notice of Respondent's First Set of Interrogatories and Request for Production to Petitioner filed.
PDF:
Date: 11/04/2015
Proceedings: Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for December 16, 2015; 9:00 a.m.; Miami, FL).
PDF:
Date: 10/29/2015
Proceedings: Department's Amended Notice of Taking Telephonic Deposition (of Bernard Amengual) filed.
PDF:
Date: 10/28/2015
Proceedings: (Proposed) Order Granting Continuance and Re-scheduling Hearing filed.
PDF:
Date: 10/28/2015
Proceedings: Amengual Electric, Inc.'s Unopposed Motion to Continue Trial filed.
PDF:
Date: 10/27/2015
Proceedings: Department's Notice of Taking Telephonic Deposition (of Bernard Amengual) filed.
PDF:
Date: 09/23/2015
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 09/23/2015
Proceedings: Notice of Hearing by Video Teleconference (hearing set for November 10, 2015; 10:00 a.m.; Miami and Tallahassee, FL).
PDF:
Date: 09/22/2015
Proceedings: Petitioner's Agreed Response to Initial Order filed.
PDF:
Date: 09/17/2015
Proceedings: Notice of Service of Department of Financial Services' First Interlocking Discovery Requests filed.
PDF:
Date: 09/17/2015
Proceedings: Initial Order.
PDF:
Date: 09/17/2015
Proceedings: Reply to Third Amended Order of Penalty Assessment and Stop Work Order No: 14-195-DS and Request for Administrative Hearing filed.
PDF:
Date: 09/17/2015
Proceedings: 3rd Amended Order of Penalty Assessment filed.
PDF:
Date: 09/17/2015
Proceedings: 2nd Amended Order of Penalty Assessment filed.
PDF:
Date: 09/17/2015
Proceedings: Amended Order of Penalty Assessment filed.
PDF:
Date: 09/17/2015
Proceedings: Agency referral filed.
PDF:
Date: 09/17/2015
Proceedings: Stop-Work Order filed.

Case Information

Judge:
JOHN G. VAN LANINGHAM
Date Filed:
09/17/2015
Date Assignment:
09/17/2015
Last Docket Entry:
06/10/2016
Location:
Miami, Florida
District:
Southern
Agency:
Other
 

Counsels

Related Florida Statute(s) (2):